Traditonal Adversary Representation
Traditional adversary representation is the most common form of dispute resolution. Here, the parties each choose attorneys who will attempt to resolve the case using a combination of strategies. Experienced attorneys use both adversarial and cooperative methods depending on what is most useful under the circumstances. For example, if one spouse is uncooperative and fails to provide requested information or fails to negotiate in good faith, the following adversarial procedures are available:
- Subpoena – mandatory disclosure of any written information requested.
- Oral Depositions – mandatory questioning of the other party under oath and before a court reporter.
- Interrogatories – written questions the other party must answer under oath.
- Hiring an expert to provide needed information about a case. This might include using a business or real estate appraiser to place a value on a business or a residential property, or employing a psychologist to provide an assessment of parenting skills and recommend the most suitable parenting arrangements for children.
A case may require an attorney to stand firm and be assertive and at other times to be cooperative and willing to compromise. You should be assured that your attorney has the skill, experience and willingness to use the most effective strategies called for in a particular situation, rather than employing a uniform, one-size-fits-all way of operating. You should ascertain at the outset whether an attorney has the ability to understand what approach is called for in a particular case and use the strategies that will most effectively resolve the matter with as little cost and stress to you as possible.